An attorney representing former state Rep. Stephen Stetler on appeal is claiming that Dauphin County President Judge Todd Hoover, who presided over Stetler's 2012 public corruption trial, told jurors during deliberations that Stetler knew his actions were wrong as it pertained to at least one theft charge.

A Democrat who served more than 15 years in the 95th District, Stetler, 64, was convicted of using House caucus employees to campaign or fundraise for himself and other party members while they were being paid by the state for legislative work.

The charges pertained to 2004 through 2006 when Stetler was the chairman of the House Democratic Campaign Committee. The HDCC provides fundraising and campaigning for House members but it is privately funded and is barred from using legislative -- taxpayer -- funding.

Stetler, of York, was sentenced to 11/2 to five years and began serving that sentence in York County Prison in October 2012.

Among the 16 complaints arguing lack of evidence to sustain conviction on the charges, Zemlock also contended that Hoover, "met with the jury outside the presence" of the prosecution and defense and "... gave examples that were prejudicial to (Stetler), including making a statement that (Stetler) knew that certain conduct was wrong..."

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Zemlock declined to comment Thursday because the appeal is pending. A woman who answered the phone in Hoover's office said, "The judge never discusses cases."

In February, the Superior Court sent notice to Hoover that he was required response to the appeal was overdue.

Former York state Rep. Stephen Stetler enters his sentencing at the Dauphin County Courthouse. (Daily Record / Sunday News -- FILE)

"Contrary to defendant's argument, the court (Hoover himself) made no statement or suggestion that the defendant knew that certain conduct was wrong," Hoover's opinion stated. "... We surmise that defendant may refer to the court's response to a question regarding the element of knowledge as to the theft statute."

Referencing a transcript of his conversation with jurors in the jury deliberation room, Hoover wrote he responded to a juror question about "compensation" with the following:

"That's what ... the legislative funds that paid folks to go do campaigning, the defendant knew that was wrong."

Hoover went on to explain in the opinion: "Taken in its proper context, the court's explanation did not provide a conclusion as to the defendant's conduct, but rather, addressed the issue of the element on the statute regarding which they inquired, that is, knowledge."

Following the exchange with the jury, Hoover said he met with the prosecution and defense in chambers to inform them what had taken place.

"... again, I'm telling you when you go down there, then they start asking more questions," Hoover said, according to the transcript.

"One of the fellows asked about -- I think it was the theft of services charge, I forget what charge it was, but one of the elements was that the defendant had to know it was only available for compensation.

"... Stetler would had to know that he would have had to use campaign funds to pay to use his staff rather than legislative funds."

At a glance

Former York state Rep. Stephen Stetler, a Democrat who served more than 15 years representing the 95th District, was convicted of public corruption charges in June 2012 for using House staffers to work on fundraising and campaign activities while they were on state-paid time.

His convictions -- all felonies -- and the penalties are:

--- Restricted activities-conflict of interest, four to 12 months in prison and a $15,000 fine;

--- Theft by unlawful taking, theft of services, theft by deception and theft by failure to make required disposition of funds received, a consecutive 14 to 48 months minus one day and a $10,000 fine;

--- And criminal conspiracy to commit conflict of interest, a concurrent four to 12 months and a $10,000 fine.

The aggregate sentence is 18 to 60 months or 11/2 to five years and $35,000 in fines.

He also was ordered to pay $466,621.45 in restitution, reimbursement to the state for staffers' salaries, and the costs of his prosecution.

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